Equitable Remedies (AQA A-Level Law): Flashcards

Discretionary (not as of right like common law damages)

Specific performance and rescission

Court order requiring defendant to perform contract

Damages inadequate & subject matter unique/distinctive

Refuse specific performance if excessive hardship to defendant

Undoes contract, restores parties to pre-contractual position

Contract voidable due to vitiating factor

Affirmation, Third party, Time lapse, Restitutio impossible

Excessive delay/lapse of time bars rescission

Restoration of parties to original pre-contractual position